Advised by SCM to ask for early settlement

[louisemounsey]

Hi everyone,

 

I have just spoken to Miss Lewis at SCm as my court date is feb 13th. She was very helpful and explained that are still awaiting instruction from lloyds but i could write to them and ask for early settlement to avoid going to court.

 

I am planning to gather my documents this weekend, but i thought i would try the letter as she suggested first as it would obviously save a lot of paper.

 

I have drafted a letter...

 

Dear Sir/Madam,

Further to my telephone conversation this afternoon with Miss Lewis, I am writing to enquire if your client, Lloyds TSB Bank plc, would be willing to settle out of court?

My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042%.

I would be prepared to accept a settlement of £231.98. This is the total of the initial claim, the court fee and the interest to date.

Yours Sincerely

Is this ok? or should i add anything else?

[christinajanep]

why would u want to settle early, stick to your guns and go for the whole amount

[louisemounsey]

Hi guys,

 

that is the total amount including daily interest upto and including 03/01/2007. so there isn't anymore to claim.

 

I want to try and settle before feb 13th to avoid going to court and having to print off 3 sets of documents for submission (court, myself, scm).

 

the daily interest rate was calcluated in july according the intructions on this website for filling in the MCOL and claiming daily interest. it is the total cost of the claim x 0.0002.

 

anymore suggestions concerning the letter?

 

L:)

[louisemounsey]

Hi everyone,

 

sorry to bump but does my letter (1st posting) look ok? I would like to get it in the post tomorrow.

 

L

[PKea]

"My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042%.

 

I would be prepared to accept a settlement of £231.98. This is the total of the initial claim, the court fee and the interest to date."

Sorry If I'm missing something, but this doesnt add up:

£217.09 + £30 = £247.09

And your telling them that the total is £231.98

Also I think you are working out the daily interest wrong, you should get a xx pence per day figure

[louisemounsey]

whoops

 

 

well spotted PKea,

 

the total amount should be £261.98 which is the claim plus the interest plus the court costs. i worked out the interest following these instructions....

 

at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

which is located here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

thanks for your speedy reply,

 

does the rest of the letter sound ok?

 

L xx

[louisemounsey]

whoops

 

 

well spotted PKea,

 

the total amount should be £261.98 which is the claim plus the interest plus the court costs. i worked out the interest following these instructions....

 

at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

 

which is located here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

thanks for your speedy reply,

 

does the rest of the letter sound ok?

 

L xx

[PKea]

Yes, Its not a daily interest rate though its daily rate (money)

ie Total Claim (£100) + Interest (£10) = £110

£110 x 0.0002 = £0.022

Your Daily rate would be £0.02p per day in this case

Probably as clear as mud now, does that help

[louisemounsey]

Oh bum!

 

Thanks for that PKea i had read it wrong. I have revised my total to date and added a little bit to my letter.

 

Further to my telephone conversation this afternoon with Miss Lewis, I am writing to enquire if your client, Lloyds TSB Bank plc, would be willing to settle out of court?

My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042p.

I would be prepared to accept a settlement of £253.77. This is the total of the initial claim plus the court fee and the interest to date.

Should I not hear from you I will go ahead and submit my documents to Newcastle County Court in preparation of the hearing on February 13th 2007 where I will be requesting inclusion of the daily interest up to and including that date.

 

 

 

what do you think? Louise:)

[mooreda]

i would not send this letter - it will only come across as a sign of weakness on your part that you are not prepared to go to court - save yourself postage - it's not worth it trust me

[louisemounsey]

Thanks for that Mooreda.

 

I won't send the letter, i'll assemble my documents this weekend and get them sent to court.

 

Louise

[Andy Ross]

My deadline for documents was the 18th Dec, I sent them in time and a copy to SCM. I haven't had any back in return and SCM are still telling me they have no instructions, I have sent a letter to court asking for their evidence to be struck out for not complying with the court order and putting me at a disadvantage etc. I am due in court on the 23rd of Jan.

 

Don't send the letter.

[louisemounsey]

Hi Andy,

 

Thanks for your reply,

 

that is really useful to know.

 

I wonder how much longer they can drag these things out.

 

Let me know how the court responds to your letter.

 

Louise

[pampam]

My deadline for documents was the 18th Dec, I sent them in time and a copy to SCM. I haven't had any back in return and SCM are still telling me they have no instructions, I have sent a letter to court asking for their evidence to be struck out for not complying with the court order and putting me at a disadvantage etc. I am due in court on the 23rd of Jan.

 

Don't send the letter.

 

Having read through the threads i am not quite sure of one point.

In with the court bundle do you have to send copies of all the offending statements or just copies of the original spreadsheets that were submitted.

Thanks and a very happy and "PROSPEROUS" New Year to all.

Pam

[Andy Ross]

Send the statements, it's a lot of copying.

[pampam]

Thanks Andy

I better go and buy a few ink cartridges!!